Do governors have the power to dissolve LGAs?

The People’s Democratic Party (PDP) walked away from the May 23, 2015 local council elections that were conducted by the then outgoing governor, Chibuike Amaechi, leav- ing question mark hanging on the head of the elected councils.

Now, the commission that conducted the elections has been dissolved, giving hint of the dissolution of the elected councils.

In the tension, the All Progressives Congress (APC) in the state has declared that the new Governor, Nyesom Wike, lacks the power to dissolve the elected and operating local councils.

A statement signed by Rivers APC chairman, Davies Ibiamu Ikanya, said: “Any such action by Wike will not only be an exercise in futility but would be in clear contempt of court as the issue is currently before the Port Harcourt Federal High Court in Suit No: CA/ PH/131/2015 and the Court of Ap- peal Suit No: FHC/PH/CS/84/2015.

Besides, the Supreme Court of the Federal Republic of Nigeria has sev- erally ruled that governors of states in Nigeria lack the powers to sack elected local government councils as in the case of the removal of 148 elected local government councils by the Abia State government in 2006 and subsequent Court of Ap- peal judgments on Imo and Ekiti states in 2012 and 2013 respectively, where it was held that such actions by state governors amounted to ‘executive rascality.’”

He went on: “We are aware that Wike read law but may not know the position of the Constitution on this issue. We therefore wish to advise him to find time to read the relevant portions of the Constitu- tion and educate himself on his lack of powers to dissolve local government councils duly elected by the Rivers people. If he claims that he has powers to dissolve them he is invariably saying that the Federal Government has powers to dissolve the state government without following due process”.

According to the APC, “For Wike to seek to dissolve the local government councils that were duly elected by the people of Rivers State which tenure has just begun is nothing but a gamble sure to throw Rivers into a state of anarchy. This is an ill-advised move that will lead to the spilling of more Rivers blood, as if the one that was spilled to install him as governor is not enough.”

The party vowed that any un- democratic dissolution of the coun- cils would not only be resisted but may also be a call for a revolution that will consume the illegal government currently operating in the state.

The party called on President Muhammadu Buhari, the heads of the various security agencies, and the general public to hold the Nyesom Wike-led administration responsible for any breach of peace in Rivers State that may result from the moves to do away with the duly elected 22 LGAs in the state, an action that may pave way for the in- troduction of his own hand-picked cronies as caretaker committees.

IGNATIUS CHUKWU